JOIN USIllegality in the name of God
Religious places and structures are places for free and unhindered worship by the public, but there is no reason and justification for building them illegally on public land. This should be clear to anyone who has civic sense and is aware of the intent of laws, but the principle is wantonly violated in every part of the country. Courts have taken note of this and the Karnataka High Court’s admonition of the BBMP for its failure to demolish illegal religious structures built on public land in Bengaluru is only the latest expression of displeasure by the court over the matter. The BBMP submitted to the court that it had demolished only three out of 277 illegal structures in the city. This showed gross failure on the civic body’s part to implement repeated court orders to remove such illegal structures. The court has now directed state Chief Secretary Ravi Kumar and BBMP Chief Commissioner Gaurav Gupta to file affidavits on compliance with the Supreme Court’s and its own orders in the case of illegal structures in the state and in the city.
The Supreme Court had ordered the removal of illegal religious structures from public land in 2009 and had directed the high courts in 2018 to ensure compliance with the order by state and civic authorities. In Bengaluru, the BBMP has totally failed to implement the orders. In the third survey of such properties, it found that there were 2,170 illegal structures and 277 of them, built after the Supreme Court’s cut-off date of September 29, 2009, were to be demolished. Its first survey had found only 17 illegal structures. The second survey found 251. The court rejected both. The BBMP has now been found wanting the third time too.
Encroachment of public property for any purpose, including the construction of a religious structure, is wrong and cannot be condoned. The encroachment is done by both individuals and organisations, and the religious places are often used for private profit. There is political support and patronage for such endeavours, and it is likely that it is political pressure that is restraining the BBMP. Such constructions are sometimes deliberately put up to stop civic constructions like laying or widening of roads and other facilities. Sometimes, they cause traffic hazards and often inconvenience people. At times, they cause communal strife. Such wrong and illegal constructions also hinder planned development and the best utilisation of space. The court should ensure that its orders are implemented by officials on pain of penalties including an action for contempt of court. The rule of law demands compliance with court orders, and officials should not be allowed to get away with violations.